HomeMy WebLinkAboutCougar Excavation - Water and Sewer Main Replacement W. Pine to NW 3rd St. Page 1
Memo
To: Chris Johnson, City Clerk
From: Sandra Ramirez, Buyer
CC: Jared Hale; Keith Watts
Date: 12/12/2019
Re: December 17 th City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
December 17 th City Council Consent Agenda for Council’s consideration.
Approval of Award of Bid and Agreement to Cougar Excavation for Water & Sewer
Main Replacement – W Pine, Meridian to NW 3 rd St. project for a Not-To-Exceed
amount of $359,860.00.
Recommended Council Action: Approval and Award of Bid and Agreement to
Cougar Excavation for the Not-To-Exceed amount of $359,860.00 as well as
authorize Purchasing Manager to sign the Purchase Order for the Not-to-
Exceed amount of $359,860.00.
Thank you for your consideration.
City of Meridian
Purchasing Dept.
Meridian City Council Meeting Agenda December 17, 2019 – Page 373 of 504
E DI
Public !DAHO
Works Department
Moyor Tommy de Weerd
C:lly Gcrncll tcmbcrr
Treg Bernt
loe Borton
Luhe Cquener
Genesir Milqm
Anne Little Roberts
Ty Polmer
TO Keith Watts, Purchasing Manager
Jared Hale, Engineering Project Manager
December 9,2019
CONSTRUCTION CONTRACT WITH COUGAR EXCAVATION FOR
THE WATER AND SEWER MAIN REPLACEMENT PROJECT _ WEST
PINE AVENUE, MERIDIAN RD TO NW3RD STREET FOR A NOT-TO-
EXCEED AMOUNT OF $359,860.00.
FROM:
DATE:
SUBJECT:
I. DEPARTMENT CONTACT PERSONS
Jared Hale, Engineering Project Manager
Clint Dolsby, Assistant City Engineer
Warren Stewart, City Engineer
Dale Bolthouse, Public Works Director
II. DESCRIPTION
B.
208-489-0370
208-489-0341
208-489-0350
208-985-1257
A.Background
The Public Works Department has budgeted for the replacement of aging water
lines and sewer mains throughout the City. A priority schedule has been
completed based on pipe material, size, age, and need. The existing water main
on Pine Avenue from Meridian Road to NW. 3'd Street is severly undersized and
is constructed of old piping that is prone to breaks and leaks. The existing sewer
main in the area is some of the oldest in the City and is in disrepair.
Proposed Proj ect Description
This construction contract is needed to replace approximately 1,000 feet of an
existing 4 inch water main and install an 8 inch sewer main240 feet in Pine
Avenue. The sewer main installation is the second phase of a larger sewer main
replacement effort. The installation of this segment of sewer main will make it
possible to replace older sewer lines in the area with future projects.
Page I of2Meridian City Council Meeting Agenda December 17, 2019 – Page 374 of 504
[I. IMPACT
A.Fiscal Impacts
Project Costs:
Fiscal Year 2020 Construction Contract
Total
$359,860.00
$359,860.00
s359,860.00TotalCost
Project Funding
Fiscal Year 2020 Account Code / Codes
3490-9s000Water
Wastewater 3590-95000 $104,464.00
IV
Total $359,860:00
TIME CONTSRAINTS
There are two time contstraints on this project. A portion of the sewer main will be
crossing the Hunter Lateral and will need to be completed before March 15,2020, per our
agreement with Nampa-Meridian Irrigation District. The second constraint is ACHD will
be overlaying West Pine Avenue from Meridian Road to Linder Road in the
Spring/Summer of 2020. There will be a five-year moritorium after their project is
complete, so we are working with them to have our done before they start.
Departmental Approval:
Page 2 of 2
$255,396.00
Meridian City Council Meeting Agenda December 17, 2019 – Page 375 of 504
City Of Meridian
Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra
3490 - Water Construction Projects
60 - Enterprise Fund
From 10/1/2019 Through 9/30/2020
Amendments
Budget with
Actual
Current Year
Remaining
Budget
Remaining
Budget
Percent of
Capital Outlay
95000 Service Line/Main
Replacement
740,000.04 0.00 740,000.04 100.00%
Carr...Carryforward 468,872.04 0.00 468,872.04 100.00%
Total Capital Outlay 1,208,872.08 0.00 1,208,872.08 100.00%
TOTAL EXPENDITURES 1,208,872.08 0.00 1,208,872.08 100.00%
Date: 11/5/19 12:36:46 PM Page: 1Meridian City Council Meeting Agenda December 17, 2019 – Page 376 of 504
City Of Meridian
Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra
3590 - WW Construction Projects
60 - Enterprise Fund
From 10/1/2019 Through 9/30/2020
Amendments
Budget with
Actual
Current Year
Remaining
Budget
Remaining
Budget
Percent of
Capital Outlay
95000 Service Line/Main
Replacement
1,350,000.00 0.00 1,350,000.00 100.00%
10916 FY18 Point Repairs -
Various Locations
0.00 (12.00)12.00 0.00%
Carr...Carryforward 1,116,944.04 0.00 1,116,944.04 100.00%
Total Capital Outlay 2,466,944.04 (12.00)2,466,956.04 100.00%
TOTAL EXPENDITURES 2,466,944.04 (12.00)2,466,956.04 100.00%
Date: 11/5/19 12:37:19 PM Page: 1Meridian City Council Meeting Agenda December 17, 2019 – Page 377 of 504
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CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Water & Sewer Main Replacement - W Pine, Meridian to NW 3'd Street
PROJECT # 10708.b
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 17m day
of December, 2019, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of ldaho, hereinafter referred to as
"C|TY", 33 East Broadway Avenue, Meridian, ldaho 83642, and Couoar Excavation,
hereinafter referred to as "CONTRACTOR", whose business address is PO Box 1306.
Meridian. lD 83680 and whose Public Works Contractor License # is C-l6438.
INTRODUCTION
Whereas, the City has a need for services involving Water & Sewer Main Replacement
- W Pine, Meridian to NW 3'd Street; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor;provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. !f any
such work is copyrightable, the Contractor may copyright the same, except that, as
to anyworkwhich is copyrighted bythe Contractor, the City reserves a royalty{ree,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
Water & Sewer Main Replacement - W Pine, Meridian to NW 3rd Street
Project 10708.b
page 1 of 15
Meridian City Council Meeting Agenda December 17, 2019 – Page 379 of 504
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
state and city laws, ordinances, regulations and resolutions. The Contractor
represents and wanants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor underthis Agreement, Contractor makes no otherwarranties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutualwritten consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not-To-Exceed amount of $359.860.00.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receipt of a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment made by
City to Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not !imited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement
to consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Term:
3.1 This agreement shal! become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
Water & Sewer Main Replacement - W Pine, Meridian to NW 3rd Street
Project 10708.b
page 2 of 15
Meridian City Council Meeting Agenda December 17, 2019 – Page 381 of 504
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Exhibit A.
3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days from the date payment is due.
4. Liquidated Damages:
Hunter Lateral Sewer Main Crossing to be completed by March 15, 2020.
Contractor shall be liable to the City for any delay beyond this time period in the
amount of $300.00 (three hundred dollars) per calendar day. Such payment shall
be construed to be liquidated damages by the Contractor in lieu of any claim or
damage because of such delay and not be construed as a penalty.
Substantial Completion shall be accomplished within 55 (number of days spelled
out) calendar days from Notice to Proceed. This project shall be considered
Substantially Complete when the Owner has full and unrestricted use and benefit
of the facilities, both from an operational and safety standpoint, and only minor
incidental work, corrections or repairs remain for the physical completion of the
totalcontract. Contractor shall be liable to the City for any delay beyond this time
period in the amount of $300.00 (three hundred dollars) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in lieu of
any claim or damage because of such delay and not be construed as a penalty.
Upon receipt of a Notice to Proceed, the Contractor shall have 85 (number of days
spelled out) calendar days to complete the work as described herein. Contractor
shall be liable to the City for any delay beyond this time period in the amount of
$300.00 (three hundred dollars) per calendar day. Such payment shall be
construed to be liquidated damages by the Contractor in lieu of any claim or
damage because of such delay and not be construed as a penalty. See
Milestones listed in the Payment Schedule for Substantial Completion.
5. Termination:
5.1 If, through anycause, CONTRACTOR, its officers, employees, oragentsfails
to fulfill in a timely and proper manner its obligations underthis Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this
Water & Sewer Main Replacement - W Pine, Meridian to NW 3'd Street
Project 10708.b
page 3 of 15
Meridian City Council Meeting Agenda December 17, 2019 – Page 383 of 504
contract, or if the City Council determines that termination of this Agreement is in
the best interest of CITY, the CITY shallthereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
ln the event of any termination of this Agreement, al! finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the Clry, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfaclorily
complete hereunder.
5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the GITY may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
6. lndependent Contractor:
6.1 ln all matters pertaining to this agreement, CONTRACTOR sha!! be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
6.2 Contractor, its agents, officers, and employees are and at alltimes during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
6.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shal! be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's contro! with respect to the physical action or activities of
Contractor in fulfillment of this Agreement. lf in the performance of this Agreement
any third persons are employed by Contractor, such persons shallbe entirely and
exclusively under the direction and supervision and control of the Contractor.
Water & Sewer Main Replacement - W Pine, Meridian to NW 3d Street
Project 10708.b
page 4 of 15
Meridian City Council Meeting Agenda December 17, 2019 – Page 385 of 504
7. Sub-Contractors
Contractor shall require that all of its sub-contractors be licensed per State of ldaho
Statute # 54-1901
8. Removal of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled for work
under this contract. If, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is otherwise unsatisfactory, that employee shal! be removed from all
work under this contract.
9. lndemnification and lnsurance:
9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers from and for any and
all losses, claims, actions, judgments for damages, or injury to persons or property
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the CONTRACTOR, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employees. CONTRACTOR shall maintain. and specifically
aorees that it will maintain. throughout the term of this Agreement. liability
insurance. in which the CITY shall be named an additional insured in the minimum
amounts as follow: General Liability One Million Dollars ($1,000,000) per incident
or occurrence, Automobile Liability lnsurance One Million Dollars ($1 ,000,000) per
incident or occurrence and Workers' Compensation lnsurance, in the statutory
limits as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage ordestruction to tangible or intangible property,
including use of. CONTRACTOR shall provide CITY with a Certificate of
lnsurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it's
obligations under this Agreement. ln the event the insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
Water & Sewer Main Replacement - W Pine, Meridian to NW 3rd Street
Project 10708.b
page 5 of 15
Meridian City Council Meeting Agenda December 17, 2019 – Page 386 of 504
changed limits. Evidence of all insurance shal! be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, ldaho 83642.
9.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating
of no less than A-.
9.3 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
9.4 To the extent of the indemnity in this contract, Contractor's lnsurance
coverage shallbe primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self insurance maintained by the City
or the City's elected officers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
9.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
9.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
Co ntractor and Co ntractor's agents, represe ntatives, employees or su bcontractors.
10. Time is of the Essence:
The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure
to timely perform any of the obligations hereunder shall constitute a breach of, and
a default under, this Agreement by the party so failing to perform.
11. Bonds:
Payment and Performance Bonds are required on all Public Works lmprovement
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof.
Contractor is required to furnish faithful performance and payment bonds in the
amount of 100% of the contract price issued by surety licensed to do business in
the State of ldaho with a Best's rating of no less than A-. ln the event that the
Water & Sewer Main Replacement - W Pine, Meridian to NW 3rd Sfeet page 6 of 15
Project 10708.b
Meridian City Council Meeting Agenda December 17, 2019 – Page 388 of 504
contract is subsequently terminated for failure to perform, the contractor and/or
surety will be liable and assessed for any and all costs for the re-procurement of the
contract services.
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years from the date of the City of Meridian acceptance per the ISPWC and the
Meridian Supplemental Specifications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof.
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two 12) year warranty from the date of City's
acceptance of the corrected work.
13. Changes:
The CITY may, from time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in the
amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
14. Taxes:
The City of Meridian is exempt from Federal and State taxes and will execute the
required exemption certificates for items purchased and used by the City. ltems
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibility of the Contractor and are to be included in the
Contractor's Bid pricing.
15. MeridianStormwaterSpecifications:
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of
Meridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
add ress : http ://www. merid iancitv. o rqlenvi ro n m e ntal. aspx?id= 1 36 1 8.
Contractor shall retain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspections and
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
Water & Sewer Main Replacement - W Pine, Meridian to NW 3rd Street
Project 10708.b
page 7 of 15
Meridian City Council Meeting Agenda December 17, 2019 – Page 390 of 504
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved by the City prior to final acceptance of the project.
16. ACHD:
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contractor is authorized to obtain a Temporary Highway and Right-otWay Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope of this Agreement.
17. Reports and Information:
17.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
17.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance ol this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographicand every
other means of recording upon any tangible thing, any form of communication or
representation including Ietters, words, pictures, sounds or symbols or any
combination thereof.
18. Audits and lnspections:
At any time during normal business hours and as often as the CITY may deem
necessary, there shall be made available to the CITY for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
19. Publication, Reproduction and Use of Material:
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
Water & Sewer Main Replacement - W Pine, Meridian to NW 3'd Street
Project 10708.b
page 8 of 15
Meridian City Council Meeting Agenda December 17, 2019 – Page 391 of 504
20. Equal Employment Opportunity:
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
21. Employment ol Bona Fide ldaho Residents:
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (95%) bona fide ldaho residents.
22. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. lt has
received independent legaladvice from its attorney's orthe opportunityto seeksuch
advice.
23. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys'fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shallsurvive any default, termination orforfeiture
of this Agreement.
24, ConstructionandSeverability:
lf any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
25. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision of this Agreement
shall not be deemed to be a waiver of any other or subsequent breach, and shall
Water & Sewer Main Replacement - W Pine, Meridian to NW 3d Street
Project 10708.b
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Meridian City Council Meeting Agenda December 17, 2019 – Page 393 of 504
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
26. Entire Agreement:
This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
27. Assignment:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shal! not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of CITY.
28. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approvalthat the work
has been done and is in compliance with the Agreement, the Project Manager will
approve the pay request for processing. City of Meridian payment terms are Net 30
from the date City receives a correct invoice. Final payment will not be released
until the City has received a tax release from the Tax Commission. Retainage of
five percent (5%) of the current contract value will be withheld from the final pay
application(s) until final completion has been met and releases from both the ldaho
Tax Commission and Surety have been received by the City.
29. Cleanup:
Gontractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
30. Order of Precedence:
The order or precedence shall be the contract agreement, the lnvitation for Bid
document, then the winning bidders submitted bid document.
31. Compliance with Laws:
ln performing the scope of work required hereunder, CONTRACTOR shallcomply
with all applicable laws, ordinances, and codes of Federal, State, and local
Water & Sewer Main Replacement - W Pine, Meridian to NW 3'd Street
Project 10708.b
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Meridian City Council Meeting Agenda December 17, 2019 – Page 395 of 504
governments.
32. Applicable Law:
This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Idaho, and the ordinances of the City of Meridian.
33. Notices:
Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY
CONTRACTOR
City of Meridian
COUGAR EXCAVATION
Purchasing Manager
Attn: Colby Buffington
33 E Broadway Ave
PO Box 1306
Meridian, ID 83642
Meridian, ID 83680
208-489-0417
Phone: 208-860-4578
Email: colbubuffington@hotmail.com
Idaho Public Works License # PWC -C-16438
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
34. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN COUGAL EXCAVATION
BY: BY:Gu-�-
TAMMY de WEERD, MAYOR COL Y BU IN , OWNER
Dated: 12.-11-2_f 19 -Dated: ! 2
Approved by Council Date: 12. 1-1 -.p'o
Water & Sewer Main Replacement — W Pine, Meridian to NW 31d Street page 11 of 15
Project 10708.b
Na
Purchasing Approval
BY:
KEITH WATTS, Purchasing Manager
Dated:
D AUGUsr
,y
w
Chy
�a IDAHO
SEAL v
or�Project Manager
Jared Hale
Water & Sewer Main Replacement — W Pine, Meridian to NW 31d Street page 12 of 15
Project 10708.b
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW.2OO5.1O7O8.b
ALL ADDENDUMS, AITACHMENTS, AND EXHIBITS included in the
lnvitation to Bid Package # PW-2005-10708.b, are by this reference
made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the ldaho Standards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
PLANS - Pine Ave Waterline Replacement by Murraysmith
dated 10-17-19 1tt otpases)
o
Water & Sewer Main Replacement - W Pine, Meridian to NW 3d Street
Project 10708.b
. TECHNICAL SPECIFICATIONS by Murraysmith dated 04-
2018 (98 of pages)
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Meridian City Council Meeting Agenda December 17, 2019 – Page 398 of 504
Exhibit B
MILESTONE / PAYMENT SCHEDULE
Total and complete compensation for this Agreement shall not exceed
$359,860.00.
A.
Water & Sewer Main Replacement - W Pine, Meridian to NW 3'd Street
Project 10708.b
Milestone 1
Hunter Lateral Sewer
Main Crossinq March 15,202A
Milestone 1 Substantial Completion 55 Days from Notice to Proceed
Milestone 2 Final Completion 85 Days from Notice to Proceed
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
Water & Sewer Main Replacement - W Pine, Meridian to NW 3'd per IFB PW-2005-10708.b
NOT TO EXCEED CONTRACT TOTAL.$359360J0
Contract is a not to exceed amount. Line item pricing below witl be used for invoice verification and any
additional increases or decreases in work requested by city. The City will pay the contractor based on
actual quantities of each ilem o! work in accordance with the contract documents.
Item No.Description Quantity Unit Unit Price
1 EXPLORATORY EXCAVATION 12 HR $200.00
2
TYPE P SURFACE RESTORATION (5" asphaltic
concrete roadway)1 626 SY $50.00
3
WATER MAIN PIPE - 8" PVC C900 (includes
excavation, beddino. oipe. and backfill)950 LF $75.00
4 WATER MAIN FITTING - 8" DI- TEE 2 EA $1,200.00
5 WATER MAIN FITTING - 8" DI- CROSS 1 EA $750.00
6
WATER MAIN FITTING - 8" DI - 45 DEGREE
ELBOW 24 EA $s50.00
7 WATER MAIN FITTING - 10"X8" DI- REDUCER 't EA $600.00
8 WATER MAIN FITTING.8"X6" DI- REDUCER 1 EA $500.00
I WATER MAIN FITTING - 8" DI. LONG SLEEVE 3 EA $500.00
10 WATER MAIN FITTING - 1O'DI- LONG SLEEVE 1 EA $700.00
11 WATER MAIN FITTING - 6'DI- LONG SLEEVE 1 EA $400.00
12 VALVE - 8" GATE VALVE (includes valve box)10 EA $1,770.00
13
FIRE HYDRANT ASSEMBLY (includes excavation,
bedding, pipe, v4ves, valve boxes, fiftings, and 2 EA $6,200.00
page 14 of 15
MILESTONE DATES/SCHEDULE
PRICING SCHEDULE
Contract Pricing Schedule
Meridian City Council Meeting Agenda December 17, 2019 – Page 399 of 504
backfill)
14
1" WATER SERVICE CONNECTION (includes
excavation, bedding, pipe, valves, valve boxes,
fittinqs, and backfill)8 EA $5,200.00
15
GBAVITY SEWER PIPE - 8" SDR 35 PVC (includes
excavation. beddino. DiDe. and backfill)241 LF $160.00
16 SANITARY SEWER MANHOLE 2 EA $4.800.00
17 Main Line Clean-out-Size 8"1 EA $1.200.00
18 Sewer Service Line - Size 4"2 EA $6,000.00
19 SEDIMENT CONTROL 1 LS $3,600.00
20 CONSTRUCTION TRAFFIC CONTROL 1 LS $28.000.00
21 MOBILIZATION 1 LS $17,000.00
22 Reference and Reset Survey Monument 1 EA $1,200.00
23
TEMPORARY ASPHALT PAVING (only if approved
by Citv of Meridian and ACHD in writinq)25 SY $80.00
Water & Sewer Main Replacement - W Pine, Meridian to NW 3rd Street
Project 10708.b
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Meridian City Council Meeting Agenda December 17, 2019 – Page 401 of 504